LocatED Property Ltd

10385637

Roxburghe House, 273 - 287 Regent Street

London

W1B 2HA

UK

Contact person: Sarah Peace

E-mail: Sarah.Peace@LocatED.co.uk

NUTS: UKI

Internet address(es)

Main address: www.LocatED.co.uk

II.1.1) Title

II.1.2) Main CPV code

45000000

II.1.3) Type of contract

Works

II.1.4) Short description

Development of the Ark Soane Academy Phase Two located on the former Acton and West London College site in Acton. The development comprises the construction of a 1 200 place secondary school and 116 residential units (including 25 % affordable housing).

II.1.6) Information about lots

This contract is divided into lots: No

II.1.7) Total value of the procurement

Value excluding VAT: 34 103 000.00  GBP

IV.1.1) Type of procedure

Award of a contract without prior publication of a call for competition

Justification for selected award procedure:

The procurement falls outside the scope of application of the Directive

Explanation

LocatED intends to award a development agreement for early design works (the Contract) under the London Development Panel framework agreement (LDP2) to Countryside Properties (UK) Limited (the Developer).

The Contract is being awarded following the re-opening of competition amongst the economic operators on the LDP2 (the Panel Members) in compliance with Article 33 of the Directive 2014/EU/24 and Regulation 33 of the Public Contracts Regulations 2015 (the Regulations). LocatED notes the following amendments which have been made to the Contract since it was originally advertised to the panel members:

1) the parties have entered into a pre-construction services agreement where the developer will be paid a maximum of GBP 1 421 974.95 before entering into the Contract. Without the pre-construction services agreement, such amount would have been payable pursuant to the contract and is on account of such amount;

2) the developer is permitted to complete the sale of dwellings before the school has reached practical completion to an affordable housing provider and a PRS provider and the charge over the property will be amended to provide for this;

3) liquidated damages will be payable by the developer from the target date rather than the long stop date for construction of the school; however, the target date for practical completion of the school will be capable of postponement by reason of delay events;

4) the exercise by third parties of project-specific third party rights may result in a delay event;

5) there are a limited number of undefined provisional sums included in the Contract sum for the school;

6) LocatED accepts the risk of delay caused by the discovery of antiquities; and

7) the Contract includes step-in rights, and, in the event that the developer fails, the PRS provider or the affordable housing provider will step-in to deliver the development;

8) there has been an increase in the overall contract value since the selection of the preferred contractor as a result of development of detailed design increasing the school design and construction cost.

The amendments that have been made to the Contract are not substantial within the meaning of Regulation 33 or Regulation 72 of the Regulations. The Contract remains the same in size, scope and value, and LocatED does not consider that the amendments would have resulted in any other bids from Panel Members, or that it would have resulted in a change to the outcome of the bids.

IV.1.8) Information about Government Procurement Agreement (GPA)

The procurement is covered by the Government Procurement Agreement: Yes

Countryside Properties (UK) Ltd

00614864

Countryside House, The Drive, Brentwood

Essex

CM13 3AT

UK

NUTS: UKH3

The contractor is an SME: No

VI.4.1) Review body

VI.4.3) Review procedure

Precise information on deadline(s) for review procedures:

The contracting authority will conduct itself in accordance with the Public Contracts Regulations 2015.